White House Relaxes Recovery Act Lobbying Restrictions - August 3, 2009

On July 24, the White House issued a memorandum that loosens previously-imposed restrictions on lobbyist communications with federal agencies about the American Recovery and Reinvestment Act (ARRA). The memorandum clarifies that there are no ARRA-specific restrictions on (1) communications with federal agencies relating to “logistical questions” about funding opportunities and applications, whether made orally or in writing, or (2) communications during “widely attended” gatherings. The guidance reaffirms the Administration’s position that all communications about a specific funding application during the period of time beginning with submission of an ARRA grant application and ending when a funding award is made must be in writing only—whether or not undertaken by a lobbyist. Oral lobbyist communications, other than those exempted as logistical questions or made in the context of widely attended gatherings, must now be documented by the agency and posted on the agency’s website within three days.